Agenda and minutes
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Apologies for Absence and Declarations of Interest To receive any apologies for absence and declarations of interest. Minutes:
There were no apologies for absence.
Introductions were made by all present. |
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Application for a Premise Licence - Kappa House, Buntens Barn, High Street, Newport To consider the application for a Premise Licence at Kappa House, Buntens Barn, High Street, Newport. Minutes: The Licensing and Compliance Manager presented the report for an application by Odysseos Ltd for a Premise License. The proposed licensable activities were as follows:
Mr Blatt, an objector, made his representation to the Panel. He explained that the premises and his house were both old buildings, adjoined through a thin party wall made of historic materials in most part. On his side of the party wall were his children’s bedrooms and the main living room. When the premises was previously used as a co-working space, his family were able to hear the activity next door throughout the daytime and they were concerned that music and other activity from a new bistro during the evening would cause further noise nuisance and impede on the quiet enjoyment inside of their property.
In addition, the window to the front of the house was single glazed and crittal which meant that they could hear people outside and at the bus stop. Whilst this was usually for short periods, installing tables outside of the premises could result in permanent noise, which was further cause for concern, particularly if alcohol was involved.
Mr Blatt said that he was not trying to stop the premises from opening, rather he was looking to find a balance that provides a reasonable and proportionate approach to satisfy the applicants needs to run a profitable business and his families’ requirements to avoid unnecessary noise and have peaceful enjoyment of their property.
The meeting adjourned between 13:14 and 13:18 due to technical difficulties.
In response to a question from Councillor Barker on parking, the objector said that historically, the convention on the street had been for cars to park on the opposite side of the road. He was concerned that customers would park directly outside of his house which could cause a safety issue as he would not have any visibility when reversing onto the road. He highlighted that the original planning permission required that parking be provided within the curtilage of the property, but this was not satisfied. Whilst parking was not a condition which could be imposed on a licence, he expected the applicant to stop parking in front of the house.
Mr Blatt continued with his representation and said that the evidential burden was on the applicant to evidence the promotion and satisfaction of the licensing objectives, but the evidential test was on the balance of probabilities and the committee must exercise any discretion in accordance with public law principles. The applicant had filed the licensing application without any prior consultation with the objector and their subsequent negotiations had failed. The application sought for the sale of alcohol for 10 hours on Tuesdays, Wednesdays and Sundays and for 11 hours on Thursdays, Fridays and Saturdays, along with the ability to hold large parties. He had offered a compromise to allow for the sale of alcohol for 9 hours on Tuesdays, Wednesdays and Sundays, ... view the full minutes text for item LIC2 |